Jump to content


1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***


gill5blue
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3285 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm not too well up on haliprats agreements

 

 

i'll let others comment.

though I would have thought there would be more pages for the full t&c's

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Replies 239
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

well the 2005 / 2009 stuff is certainly not signed by you

 

 

my theory is there are more T&C pages for the original agreement. that are missing

 

 

have to browse a few haliprat threads to confirm that one

 

 

try the haliprats forum.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi,

Any feedback from the forms I uploaded? see post No 49

 

The first 2 pages are the copy of the application form. (it was signed by my husband but I have removed the sig for identification reasons)

 

The next 4 are terms and conditions we received in 2005.

 

The rest are terms and conditions we received in 2009 in response to CCA request.

 

I have until the 26th Feb to put in our defence, but need to post by 24th.

 

 

What arguments can I use to make this an unenforceable agreement?

 

Thanks for any feedback received in advance.

Gill

Edited by gill5blue
added post number to be helpful :)
Link to post
Share on other sites

I am not sure I understand what is going on, gill.. you say the form was signed by your husband.. is the claim in your name or his ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Citizen,

The form was signed by my husband, and the claim is against him, I am dealing with it because he doesn't understand all this

HTH

I print the letters and get him to print his name at the bottom of the letters

 

 

Gill

Link to post
Share on other sites

Hi,

Any thoughts people?

I'm thinking that the terms and conditions we received in 2005 do not reflect the terms and conditions they sent in 2009 saying they were the terms and conditions that were applied in 2004 when the account was opened. So I think they do not have the terms and conditions for 2004 and are just making it up.?

Gill

Link to post
Share on other sites

Hi

Yes , I received a reply to the CCA,

 

They included,

 

 

1)Copy of application Form with terms and conditions.

 

 

2)True copy of terms and conditions at the time the contract was entered into.

 

 

3) True copy of terms and conditions when the account was terminated.

 

 

4)statements of accounts- 1st 2 years missing.

 

 

5) Template default notice

 

 

6) notice of assignment.

 

What does 'template' default notice mean?

Cheers

Gill

Link to post
Share on other sites

Hi,

I researched the Default Notice.

 

The copy of the default notice they sent me, which I received Thur 12th Feb 2015 has all identifying information blacked out.

 

The Default Notice I received in June 2009 is dated 27th June 2009 (Saturday) and date to be paid 'before 11th July 2009'.

 

Now I could not receive this letter until minimum 29th June 2009 and 14 days to pay is 13th July 2009.

 

Does this help me in my court defence?

 

Or can I go for unlawful recission?

 

Gill

Edited by gill5blue
added unlawful recission
Link to post
Share on other sites

Hi Citizen,

The form was signed by my husband, and the claim is against him, I am dealing with it because he doesn't understand all this

HTH

I print the letters and get him to print his name at the bottom of the letters

 

 

Gill

 

 

Righto, understand now :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

PM andy or hit the triangle

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Responding to your PM gill

 

If you could upload their application notice for summary judgment and any witness statement in support on which they based their application.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If the following was your attempt at a defence gill...then no wonder they have applied for Summary Judgment...why did you not post your defence for comment and why did you not look at others defences which have proved successful ?

 

Here is my defence.

 

I disputed this claim because there is no regulated credit agreement between us.

 

I requested a copy of the true agreement under the 'consumer crediticon act 1974(sections 77-79).

this was requested in march 2009. I have not received it yet.

 

 

I have repeatedly requested this for 5 1/2 years with no proper response, but I have been harassed by them

ie.numerous letters from numerous debt collecting agencies requesting money

or stating they will send a rep to my house, although no-one turned up.

 

I have been contacted by the following debt collectionicon agencies/solicitors

Retail bank collections

albon collections ltd

apex credit management ltd

wescott credit services ltd

horwich farrelly solicitors

iquor recovery services ltd

Connaught collections

1st crediticon

walker morris

and none of them can supply me with a regulated credit agreement

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy

I used this defence previously on a previous c/card case and they discontinued their claim! I thought it would be ok.

As we were taken to court I thought I would ask for help.

Do you know of a similar defence that will work? I don't want to find one and then find out it is no good too.

Is the default notice okay?

I am asking for help now please.

Gill

Link to post
Share on other sites

Andyorch is not online at the moment - I am sure he will look in as soon as can.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Okay Gill

 

Cast your mind back to the SJ hearing...did the judge specifically request a defence or a witness statement in response to their application?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

 

I'm sure it is a defence she asked for.

 

 

I brought up about the terms and conditions referencing point 8.2

but nowhere could I see an 8.2 term or condition.

 

 

The fella representing 1st cred said this had not been brought up before.

 

 

the judge gave me more time and said I had to put everything down on paper that will be brought up.

 

 

The rep was really cross, you could tell but he objected politely.

Link to post
Share on other sites

Fair enough...have you not received a general order since the hearing stating what each party must now do?

 

Start by bringing their original particulars forward...I take it you have not had any response to your initial defence...apart from their WS in support of the SJ application?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Start by bringing their original particulars forward...

 

from #21

 

The claimant claims the sum of £13k for debt and interestlink3.gif.

On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the debt was assigned to 1st creditlink3.gif for the sum of £12k.

Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county courtlink3.gif act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...